A fiancé Green Card, also called a fiancé visa or legally a K-1 visa, is for a foreign fiancé of a U.S. citizen. The visa itself is temporary and subject to certain guidelines that must be followed before and after becoming a green card holder.
Entering the U.S. as a fiancé is a two-step process:
The K-1 fiancé visa is only issued to fiancés who currently reside outside the United States. If you come to the United States on your visa, you must marry within 90 days.
It is a U.S. non-immigrant visa that allows a foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage and subsequent adjustment of status.
A U.S. citizen must file the petition; a lawful permanent resident cannot petition for a K-1 visa.
The couple must have met in person at least once within the two years preceding the filing of the petition, unless a waiver of that meeting-requirement is granted.
The couple must marry within 90 days of entry and thereafter the foreign fiancé(e) can apply for adjustment of status to become a lawful permanent resident.
Yes. Unmarried children under the age of 21 of the foreign fiancé(e) may accompany or follow to join under the K-2 visa category.
The petition must include proof of U.S. citizenship of the petitioner, proof of the bona fide relationship (photos, correspondence, meeting evidence), proof that both are legally free to marry, medical examination, police certificates, and proof that they’ll marry within the required timeframe.
If the marriage does not take place within the 90-day period, the foreign fiancé(e)’s status becomes invalid and they must depart the United States; failure to marry in time can result in removal proceedings.
In addition to the requirement that one spouse be a U.S. citizen and marry within 90 days of entering the United States, the United States Citizenship and Immigration Services (USCIS) has established other requirements for the K-1 visa. For clarity, we will list the requirements from the perspective of a U.S. citizen applying on behalf of his or her foreign fiancée:
Neither you nor your fiancé are currently married. Both must be single. If either of you has been married before, you must prove that you are legally separated from your previous partner. You can present a divorce certificate, death certificate, or annulment certificate as proof.
You and your fiancé have met in person within the last two years from the date of application. USCIS makes exceptions if your fiancé is involved in religious, social, or cultural practices or if you have faced extreme hardship.
You can legally marry in the United States. This means that same-sex couples and heterosexual couples have the same rights under U.S. law.
You must also prove that your relationship and engagement are bona fide. To prove that your relationship is genuine and that you will marry within the first 90 days of your arrival, you can provide documents.
You won’t need all of these documents, but they can strengthen your petition if you submit evidence to USCIS.
